YOUNGSTOWN, Ohio ( WKBN) — A man accused of raping a 79-year-old relative changed his plea Monday in Mahoning County Common Pleas Court from not guilty to not guilty by reason of insanity.
Judge R. Scott Krichbaum also ordered a mental health assessment be performed for Anthony Consiglio, 26, at the request of his attorney, Tom Zena.
The judge denied a motion by Zena for an evaluation to find out if Consiglio is competent to stand trial after Zena said he understands what is going now because he is on his medication.
The judge did order that staff at the county jail continue to administer Consiglio’s medication, which Zena said he approved of.
Consiglio appeared via video hookup from the jail. He did not speak during the hearing.
Consiglio was on house arrest for charges related to the rape when he was taken back into custody Feb. 11 after he was indicted on the raid charge.
He also faces charges of aggravated robbery, robbery, theft from a person in a protected class and obstructing official business.
The original charges were filed by Campbell police, but no details have been released.
Consiglio entered a not guilty plea to the rape charge when he was arraigned in common pleas court.
Zena said he did represent Consiglio when he was arraigned but decided to change his plea to not guilty by reason of insanity after consulting with family members and studying Consiglio’s history.
He said that when Consiglio is on his medication he is aware of what is going on, but when he is not on it, he is paranoid.
“He thinks people are out to get him,” Zena said.
Judge Krichbaum said he did not understand why he should order a competency evaluation for someone who is presently competent, so he ordered the jail to continue dispensing the medication.
After he issued order, Zena said, “That’s what I want.”